BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 1435
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|Author: |Jackson |
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|Version: |February 19, 2016 Hearing |
| |Date: March 30, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lynn Lorber |
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Subject: School curriculum: health education: healthy
relationships
SUMMARY
This bill requires the next revision to the Health framework to
include comprehensive information, for grades 1-8, on the
development of healthy relationships, and modifies the existing
requirement regarding the inclusion of comprehensive
information, for grades 9-12, on sexual harassment and violence.
BACKGROUND
Existing law requires the Instructional Quality Commission to
consider including in the next revision of the Health framework:
1) Comprehensive information for grades 9-12 on sexual
harassment and violence. (Education Code § 33544)
2) A distinct category on sexual abuse and sex trafficking
prevention education that includes, among other things, a
discussion of healthy boundaries for relationships, how to
recognize potentially harmful and abusive relationships,
and refusal skills to overcome peer pressure and to avoid
high-risk activities.
(EC § 33545)
Existing law requires schools to provide comprehensive sexual
health education in grades 7-12, and states that the purpose of
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this instruction, among other things, is to:
1) Provide students with the knowledge and skills they need to
develop healthy attitudes concerning adolescent growth and
development, body image, gender, sexual orientation,
relationships, marriage, and family.
2) Provide students with the knowledge and skills necessary to
have healthy, positive, and safe relationships and
behaviors. (EC § 51930)
Existing law requires all comprehensive sexual health education
to meet specified criteria, including:
1) Instruction and materials shall teach the value of and
prepare students to have and maintain committed
relationships such as marriage.
2) Instruction and materials shall provide students with
knowledge and skills they need to form healthy
relationships that are based on mutual respect and
affection, and are free from violence, coercion, and
intimidation. (EC § 51933)
ANALYSIS
This bill requires the next revision to the Health framework to
include comprehensive information, for grades 1-8, on the
development of healthy relationships, and modifies the existing
requirement regarding the inclusion of comprehensive
information, for grades 9-12, on sexual harassment and violence.
Specifically, this bill:
1) Requires the Instructional Quality Commission (IQC) to
include comprehensive information, for grades 1-8, on the
development of healthy relationships in the next revision
to the Health framework.
2) Requires the information to be age and developmentally
appropriate.
3) Modifies existing law to require the IQC to include, rather
than require the IQC to consider including, comprehensive
information, for grades 9-12, on sexual harassment and
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violence in the next revision of the Health framework.
4) Requires the IQC to comply with both of the following when
including information in the Health framework:
a) Ensure information is research-based
and appropriate for students of all races, genders,
sexual orientations, gender identities, and ethnic and
cultural backgrounds.
b) Consult with secondary health teachers
and experts in sexual harassment and violence
curriculum.
STAFF COMMENTS
1) Need for the bill. According to the author, "SB 1435 is
the third in a series of measures to help proactively
address incidences of sexual harassment and assault among
children, adolescent teens, and young adults. In 2014,
Senators De León and Jackson joint authored SB 967 to
establish an affirmative consent standard among
California's colleges and universities. In 2015, the state
adopted SB 695 (De León and Jackson), which required that
sexual harassment and sexual assault be taught in high
schools that require health as a requirement for
graduation. However, in the development of SB 695, it
became clear that starting earlier by providing
opportunities in elementary and middle school is needed to
help children learn how to develop healthy relationships;
to help them understand the virtue of treating one another
with respect and dignity."
2) Healthy relationships. This bill does not define "healthy
relationships" or include parameters, such as healthy
dating relationships. The purpose of this bill is to
address all types of relationships.
Existing law requires the Instructional Quality Commission
(IQC) to consider including in the next revision of the
Health framework information relative to healthy boundaries
for relationships, how to recognize potentially harmful and
abusive relationships, and refusal skills to overcome peer
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pressure and to avoid high-risk activities. This
information is to be included in a distinct category on
sexual abuse and sex trafficking prevention.
Staff recommends an amendment to create a new section in
the Education code specifically related to the inclusion of
information on the development of healthy relationships in
the Health framework for grades K-8, and to clarify that
this information is to be separate and apart from the
distinct category on sexual abuse and sex trafficking
prevention, from information for grades 9-12 on sexual
harassment and violence, and from comprehensive sexual
health education. This amendment would leave intact the
existing requirement that the IQC consider including
information for grades 9-12 on sexual harassment and
violence.
Staff further recommends an amendment to expand the grade
levels affected by this bill to include kindergarten, in
recognition that curricular frameworks include
kindergarten.
3) Health framework. The 2003 Health framework is outdated
and no longer current. It does not reflect the Health
Education Content Standards adopted by the State Board of
Education (SBE) in March 2008. The Health framework was
scheduled for revision in 2009-10, with adoption expected
in 2011. Statute was enacted on July 28, 2009 that halted
the revision process due to severe budget constraints.
According to the IQC website, their 2016 goals include
plans to revise the Health framework for adoption by the
SBE in 2019.
The Health standards and framework currently include
limited references to healthy relationships. Specifically,
instruction in grades 9-12 is to include discussion of the
characteristics of healthy relationships, dating, committed
relationships, and marriage; instruction in grades 7-8 is
to use a decision-making process to examine risky social
and dating situations, and apply a decision-making process
to avoid potentially dangerous situations, such as violence
in dating; instruction in grades 4-6 is to help students
understand and demonstrate how to promote positive health
practices within the school and community, including how to
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cultivate positive relationships with their peers. This
bill applies to the Health framework for grades 1-8.
4) Different approach. This bill requires the IQC to include
specific information in the next revision of the Health
framework. This Committee has passed numerous bills
related to adding specified information or instruction to
the various curricular frameworks; all measures have
required the IQC to consider including specified
information. Consistent with prior practice, should this
bill be amended require the IQC to consider including
comprehensive information on the development of healthy
relationships for grades K-8?
5) Related legislation. SCR 103 (Leyva) proclaims the month
of February 2016 as Teen Dating Violence Awareness and
Prevention Month. SCR 103 is pending on the Senate Floor.
6) Prior legislation. SB 592 (Leyva, 2015) requires school
districts to provide educational programs that promote
healthy relationships and prevent adolescent relationship
abuse to students in grades 6-12, requires the
Superintendent of Public Instruction (SPI) to provide
information for use by schools, and requires school safety
plans to include procedures and policies to prevent and
respond to adolescent relationship abuse. SB 592 was held
on the Senate Appropriations Committee's suspense file.
AB 1857 (Fong, 2012) authorized school districts to provide
education programs to promote healthy relationships and
prevent teen dating abuse to pupils in grades 7-12, and
required the SPI to provide model curriculum. AB 1857 was
held in the Assembly Appropriations Committee.
AB 1880 (Lara, 2012) required middle and high school safety
plans to include policies and procedures to prevent and
respond to teen dating abuse in grades 6-12. AB 1880 was
held in the Assembly Appropriations Committee.
AB 1373 (Fong, 2011) authorized school districts or the county
office of education to provide education programs to
promote healthy relationships and prevent teen dating
violence to pupils in grades 7-12, and required the SPI to
provide information to schools about model programs. SB
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1373 was held in the Assembly Appropriations Committee.
SB 13 (Correa, 2011) and SB 1300 (Correa, 2010) would have
required schools that elect to provide teen dating violence
prevention education to ensure that the instruction meets
certain criteria, and requires the State Board of Education
to incorporate teen dating violence and sexual violence
curriculum into the health curriculum framework. This
instruction would have included components about,
inappropriate sexual behavior, sexual harassment, sexual
violence, and sexual assault. Both bills included parental
notification and opt-out provisions. Concerns were raised
about blending violence prevention education with sexual
health education, and the ability of parents to opt-out of
violence prevention education. SB 13 failed passage in
this Committee, and SB 1300 failed passage in the Assembly
Education Committee.
ACR 29 (Bonilla, Ch. 30, 2011) proclaimed the month of February
2011 as Teen Dating Violence Awareness and Prevention
Month.
ACR 101 (Lara, Ch. 81, 2012) proclaimed the month of February
2012 as Teen Dating Violence Awareness and Prevention
Month.
SUPPORT
American Academy of Pediatrics
American Civil Liberties Union
California Partnership to End Domestic Violence
Equality California
National Association of Social Workers, California Chapter
Planned Parenthood Affiliates of California
OPPOSITION
None received.
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